Saturday, November 29, 2008

Family and Medical Leave Act U.S. Department of Labor Final Rule

New from the U.S. Department of Labor, its FMLA, Final Rule:
"The revised Final Regulations (PDF) respond to over 4,600 public comments received in response to the Department’s February 2008 Notice of Proposed Rulemaking (NPRM) (PDF) , which proposed changes to the current FMLA regulations. The NPRM was developed in response to several U.S. Supreme Court and lower court cases invalidating portions of the current regulations, the passage of amendments to the FMLA included as Section 585(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181), and a comprehensive review of the Department’s fifteen years of experience administering the FMLA, including two previous Department of Labor studies of the FMLA (in 1996 and 2001) and over 15,000 public comments received in response to a Request for Information (RFI) (PDF) published in the Federal Register on December 1, 2006, and summarized in the Department’s June 2007 Report on the RFI (PDF)."

The Final Regulations (PDF) implement two important new military family leave entitlements for eligible specified family members:

(1) Up to 12 weeks of leave for certain qualifying exigencies arising out of a covered military member's active duty status, or notification of an impending call or order to active duty status, in support of a contingency operation, and

(2) Up to 26 weeks of leave in a single 12-month period to care for a covered servicemember recovering from a serious injury or illness incurred in the line of duty on active duty. Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.

The Final Regulations (PDF) will become effective on January 16, 2009.

You may also want to read Long Awaited FMLA Regulations Released from Jackson Lewis.